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Plaintiff,
v.
PRESIDENTIAL ADVISORY
COMMISSION ON ELECTION
INTEGRITY, et al.,
Defendants.
In response to Plaintiffs Amended Complaint (which has not been served in accordance
with Fed. R. Civ. P. 4), ECF No. 21, and in compliance with this Courts Order, ECF No. 22,
Defendants respectfully submit that the entry of a temporary restraining order against the
1. Defendants respectfully update the Court of two factual developments since the
a. In order not to impact the ability of other customers to use the DOD Safe
Access File Exchange (SAFE) site, the Commission the Commission has
decided to use alternative means for transmitting the requested data. Third
Kobach Decl. 1. The Commission no longer intends to use the DOD SAFE
system to receive information from the states, and instead intends to use
Case 1:17-cv-01320-CKK Document 24 Filed 07/10/17 Page 2 of 3
alternative means of receiving the information requested in the June 28, 2017,
b. Today, July 10, 2017, the Commission also sent the states a follow-up
communication requesting the states not submit any data until this Court rules
send further instructions about how to use the new system pending this
c. The Commission will not download the data that Arkansas already transmitted
to SAFE and this data will be deleted from this site. Id. 3.
2. In light of these factual developments, any relief against DOD would be inappropriate
because DOD systems will not be used by the Commission, and thus an order against
DOD would not redress EPICs supposed injury. See, e.g., Gerber Prods. Co. v.
order directed against [defendants] alone could cure the harm claimed by Plaintiff.).
3. Furthermore, DOD was not the subject of Plaintiffs motion for a TRO. While
Plaintiff is entitled to amend its complaint as a matter of right, see Fed. R. Civ. P.
15(a)(1)(A), it must also amend and serve its TRO motion making clear what relief it
seeks against DOD and why it is entitled to such relief. See LCvR 65(a). DOD, in
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Case 1:17-cv-01320-CKK Document 24 Filed 07/10/17 Page 3 of 3
turn, should be given the opportunity to respond before any order is entered against it,
including the opportunity to articulate what harm could be caused by the entry of a
restraining order.
CHAD A. READLER
Acting Assistant Attorney General
Civil Division
BRETT A. SHUMATE
Deputy Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Director
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Case 1:17-cv-01320-CKK Document 24-1 Filed 07/10/17 Page 1 of 4
Plaintiff,
v.
PRESIDENTIAL ADVISORY
COMMISSION ON ELECTION
INTEGRITY, et al.,
Defendants.
support of Defendants supplemental brief regarding the addition of the Department of Defense
personal knowledge and upon information provided to me in my official capacity as Vice Chair
of the Commission.
1. In order not to impact the ability of other customers to use the DOD Safe Access
File Exchange (SAFE) site, the Commission has decided to use alternative means for
transmitting the requested data. The Commission no longer intends to use the DOD SAFE
system to receive information from the states, and instead intends to use alternative means of
receiving the information requested in the June 28, 2017, letter. Specifically, the Director of
White House Information Technology is repurposing an existing system that regularly accepts
Case 1:17-cv-01320-CKK Document 24-1 Filed 07/10/17 Page 2 of 4
personally identifiable information through a secure, encrypted computer application within the
White House Information Technology enterprise. We anticipate this system will be fully
2. Today, the Commission sent the states a follow-up communication requesting the
states not submit any data until this Court rules on this TRO motion. A copy of this
communication is attached hereto as Exhibit A. The Commission will not send further
instructions about how to use the new system pending this Courts resolution of this TRO
motion.
3. The Commission will not download the data that Arkansas already transmitted to
4. Additionally, I anticipate that the President will today announce the appointment
of two new members of the Commission, one Democrat and one Republican.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.
***
Kris W. Kobach
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Case 1:17-cv-01320-CKK Document 24-1 Filed 07/10/17 Page 3 of 4
EXHIBIT A
Case 1:17-cv-01320-CKK Document 24-1 Filed 07/10/17 Page 4 of 4
As you may know, the Electronic Privacy Information Center filed a complaint seeking a Temporary
Restraining Order (TRO) in connection with the June 28, 2017 letter sent by Vice Chair Kris Kobach
requesting publicly-available voter data. See Electronic Privacy Information Center v. Presidential
Advisory Commission on Election Integrity filed in the U.S. District Court for the District of
Columbia. Until the Judge rules on the TRO, we request that you hold on submitting any data. We will
follow up with you with further instructions once the Judge issues her ruling.
Andrew Kossack
Designated Federal Officer
Presidential Advisory Commission on Election Integrity
ElectionIntegrityStaff@ovp.eop.gov